Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Violations Subject to Administrative Civil Penalties.
(1) Any person, including a retailer,
manufacturer, contractor, importer or distributor, that sells or offers for
sale an appliance in California, which is not listed in the MAEDbS, or does not
meet marking requirements or standards, is in violation of section
1608(a)(1),
1608(a)(2), or
1608(a)(4) of
this Article and may be subject to an administrative civil penalty for each
unit of the appliance that was sold or is offered for sale in
California.
(2) Any person who
manufactures, imports or distributes an appliance that is subsequently sold or
offered for sale by another person for end use in California, when the
manufacturer has not tested, marked or certified the appliance, in violation of
sections 1608(a)(2)(A),
1608(a)(2)(B), or
1608(a)(2)(C) of
this Article, or when the appliance does not meet the efficiency standards
referred to in sections
1608(a)(3) and
1608(a)(4) of
this Article, may be subject to an administrative civil penalty for each unit
of the appliance that was sold or is offered for sale, unless the manufacturer,
distributor or importer can demonstrate that the appliance was intended for
shipment and use outside of California.
(3) Any person who knowingly provides
materially false information to the Energy Commission in a statement made
pursuant to any provision of this Article that includes a declaration, executed
under penalty of perjury, may be subject to an administrative civil penalty.
This may be in addition to any administrative civil penalty assessed pursuant
to sections
1609(a)(1) or
1609(a)(2) of
this Article. The Energy Commission may consider the making of a false
statement in a declaration submitted under penalty of perjury to be evidence of
willfulness under section
1609(b)(3) of
this Article.
(b)
Assessment of Administrative Civil Penalties.
(1) An administrative civil penalty of up to
the maximum amount provided by Public Resources Code section
25402.11
may be assessed for each unit of the appliance that was sold or is offered for
sale in California in violation of section
1608(a) of this
Article, pursuant to sections
1609(a)(1) or
1609(a)(2) of
this Article, or for each false statement, pursuant to section
1609(a)(3) of
this Article.
(2) If more than one
person is responsible for a sale or offer for sale in violation of section
1608(a) of this
Article, the Energy Commission may apportion liability amongst the persons
responsible for the violation.
(3)
In determining the amount of an administrative civil penalty for each
violation, the Energy Commission shall consider the factors set forth in Public
Resources Code section
25402.11(a)(2).
(c) Notices of Violation.
The Executive Director, or their designee, shall send a
written Notice of Violation by certified mail (registered mail to non-U.S.
destinations) or other means that provide actual notice to the person in
violation of this Article. The Notice of Violation shall contain the following
information:
(1) The name and address
of the person responsible for the violation;
(2) A statement indicating the statute,
regulation, order, or decision upon which the Notice of Violation is based,
including any provisions relating to the assessment of administrative civil
penalties;
(3) A statement of facts
upon which the Notice of Violation is based, including a description of the
appliances or units of appliances at issue and a reference to model
numbers.
(d) Settlement.
Consistent with Government Code Section
11415.60,
the Energy Commission, or upon delegation, the Executive Director, may at any
time issue a decision by settlement with a responsible person. The settlement
agreement may include appropriate sanctions and remedies to address violations
and promote compliance.
(e)
Administrative Proceedings.
(1) No earlier
than 30 days after issuing a Notice of Violation, the Executive Director may
initiate an adjudicative proceeding to impose administrative civil penalties if
the Executive Director determines that the responsible person has not made
sufficient progress in addressing the violations identified in the Notice of
Violation.
(2) The proceeding shall
be initiated by filing and serving a complaint as specified in California Code
of Regulations, title 20, section
1233.1. The complaint shall
include an assessment of penalties based on the factors set forth in Public
Resources Code section
25402.11
and may include other information from the Notice of Violation.
(3) The proceeding shall be conducted in a
manner consistent with California Code of Regulations, title 20, section
1233.1.
(4) The proceeding shall be heard directly by
the Energy Commission as set forth in Public Resources Code sections
25210
and
25211.
(5) After the hearing referenced in section
1609(e)(4) of
this Article, the Energy Commission shall issue or adopt a decision on (1)
whether a violation of this article has been committed, and (2) assessing
penalties based on application of the factors set forth in Public Resources
Code section
25402.11.
(f) Other Enforcement Procedures.
The Executive Director, or their designee, and Energy
Commission may take other such actions as are authorized by statute and Energy
Commission regulations to address or prevent any act or omission addressed
under this Article.
(g)
Judicial Review.
An order of the Energy Commission imposing an
administrative civil penalty shall be subject to judicial review pursuant to
Public Resources Code Sections
25534.2(a)
and
25534.2(b).
Note: Authority cited: Sections 25213, 25218 and
25402.11, Public Resources Code. Reference: Sections 25402 and 25402.11, Public
Resources Code.
Note: Authority cited: Sections
25213,
25218
and
25402.11,
Public Resources Code. Reference: Sections
25402
and
25402.11,
Public Resources Code.
